2021-023-E OCTS-Triangle J TDM services contract FY21

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DocuSign Envelope ID: 1970E54E-AE09-4466-994B-01CAF3868F32 and () FTA regulations, "Major Capital Investment Projects," 49 C.F.R. Part 611,to the extent that those regulations are consistent with the SAFETEA-LU amendments to the public transportation planning and private enterprise laws, and any subsequent amendments to those regulations that may be subsequently promulgated. In addition, other regulations and restrictions pertaining specifically to Transportation Demand Management activities may apply,and TJCOG reserves the right to amend the contract with these regulations as they are brought to our attention. b. Governmental and Private Nonprofit Providers of Nonemergency Transportation.In addition to providing opportunities to participate in planning as described in Subsection 9a of this Agreement, to the extent feasible the Recipient agrees to comply with the provisions of 49 U.S.C. § 5323(k), which afford governmental agencies and nonprofit organizations that receive Federal assistance for nonemergency transportation from Federal Government sources (other than U.S. DOT) an opportunity to be included in the design, coordination, and planning of transportation services. Section 10. Preference for United States Products and Services. To the extent applicable,the Recipient agrees to comply with U.S.domestic preference requirements. Section 11. Procurement. To the extent applicable,the Recipient agrees to comply with the following third party procurement provisions: a. Federal and State Standards. The Recipient agrees to comply with the third party procurement requirements of 49 U.S.C.chapter 53 and other applicable Federal laws in effect now or as subsequently enacted; with U.S. DOT third party procurement regulations of 49 C.F.R. §§ 18.36 and other applicable Federal regulations pertaining to third party procurements and subsequent amendments thereto, to the extent those regulations are consistent with SAFETEA-LU provisions; and Article 8 of Chapter 143 of the North Carolina General Statutes. The Recipient also agrees to comply with the provisions of FTA Circular 4220.1E, "Third Party Contracting Requirements," to the extent those provisions are consistent with SAFETEA-LU provisions and with any subsequent amendments thereto. Although the FTA "Best Practices Procurement Manual" provides additional procurement guidance, the Recipient understands that the FTA "Best Practices Procurement Manual" is focused on third party procurement processes and may omit certain Federal requirements applicable to the third party contract work to be performed. The Recipient shall establish written procurement procedures that comply with the required Federal and State standards. b. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal laws or regulations, the Recipient agrees to comply with the requirements of 49 U.S.C.§5325(h)by not using any assistance awarded by TJCOG to support a procurement using exclusionary or discriminatory specifications. c. Geographic Restrictions.The Recipient agrees that it will not use any State or local geographic preference. d. Department Pre-award Approval.The Recipient agrees to submit procurement documents to TJCOG and the TDM Oversight Committee for its review and approval prior to award of a contract/subcontract under this Agreement for any of the following: (1) Any "brand name" product or sole source purchase equal to or greater than $2,500; (2) Any contract/subcontract to other than apparent lowest bidder equal to or greater than $2,500; (3) Any procurement equal to or greater than $90,000; (4) Any contract modification that would change the scope of a contract or increase the contract amount up to or over the formal (sealed) bid threshold of$90,000. Page 9 of 18